LRB-1274/4
RPN:wlj:km
1999 - 2000 LEGISLATURE
June 24, 1999 - Introduced by Representatives Gunderson, Musser, Townsend,
Turner, Sykora, Hahn, Petrowski, Hundertmark, Spillner, Gronemus,
Kelso, Albers and
Powers, cosponsored by Senator Darling. Referred to
Committee on Judiciary and Personal Privacy.
AB391,1,2
1An Act to amend 812.34 (1) (a) of the statutes;
relating to: disposable earning
2exempt from garnishment.
Analysis by the Legislative Reference Bureau
Under current law, if a person's earnings are garnisheed in this state, generally
80% of the person's disposable earnings are exempt that garnishment. If the person
garnisheed is part of a household whose income is below the poverty line, if the
garnishment would result in the household income being below the poverty line or
if the person is receiving need-based public assistance, all of the person's earnings
are exempt from garnishment. The exemptions do not apply for judgment debts for
the support of a person or for unpaid taxes. These exemptions do not apply if the
judgment debt being recovered by the garnishment action was ordered under a
voluntary wage earner plan approved by a circuit court or ordered by a federal
bankruptcy court.
This bill limits the bankruptcy court judgment exception to the 80% and 100%
wage exemptions to those judgments ordered by a federal court under a voluntary
wage earner plan approved under chapter 13 of the federal bankruptcy law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB391, s. 1
3Section
1. 812.34 (1) (a) of the statutes is amended to read:
AB391,2,3
1812.34
(1) (a) Was ordered by a court under s. 128.21 or by
a court of bankruptcy 2any court of the United States having jurisdiction over cases under
Title 11
, USC
31301 to 1330.
AB391,2,65
(1) This act first applies to garnishment actions commenced on the effective
6date of this subsection.
AB391,2,98
(1)
This act takes effect on the first day of the 4th month beginning after
9publication.
